NILIMA MANDAL Vs. BACHHRAJ NAHAR

JUDGEMENT

(1.) FOLLOWING two substantial questions of law were formulated by this court while admitting this appeal, namely "(1) Whether court of appeal below acted illegally in discarding the pleader commissioners report and depending upon Amins report not appointed by the court and based his judgment on the same; (2) Whether the lower appellate court acted illegally in reversing the judgment of the trial (court) without considering the materials considered by the trial court."

(2.) AT the outset it may be mentioned that there was also a cross appeal which stands dismissed.

(3.) IN view of this situation, the learned counsel for the appellants as well for the respondents agreed that no question of law as formulated at no. 1 was involved in this appeal.